Arbitral Digest

Matter

Instrubel NV v Iraqi State (French Court of Cassation A 19-23.674)

  1. 6 February 1996Arbitration

    6 February 1996Arbitration

    Arbitral Award of 6 February 1996

    Decision summary
    The award ordered the State of Iraq to pay amounts to Instrubel NV.

    Supporting details

    2 participants
    Instrubel NV
    State of Iraq

    7 years, 1 month and 16 days later · 2601 days

  2. 22 March 2003Arbitration

    22 March 2003Arbitration

    Arbitral Award of 22 March 2003

    Decision summary
    The award ordered the State of Iraq to pay amounts to Instrubel NV.

    Supporting details

    2 participants
    Instrubel NV
    State of Iraq

    9 years, 11 months and 26 days later · 3651 days

  3. 20 March 2013France

    20 March 2013France

    Exequatur orders of the President of the Paris Regional Court dated 20 March 2013

    President of the Paris Regional Court

    Decision summary
    The President of the Paris Regional Court granted exequatur to the 6 February 1996 and 22 March 2003 arbitral awards against the State of Iraq.

    5 years, 4 months and 4 days later · 1952 days

  4. 24 July 2018France

    24 July 2018France

    Judgment of an Enforcement Judge of a French Regional Court dated 24 July 2018

    Enforcement Judge of a French Regional Court

    Decision summary
    The enforcement judge found the conservatory attachments void and ordered their release because they had not been notified to Montana Management Inc.

    3 months and 27 days later · 119 days

  5. 20 November 2018France

    20 November 2018France

    Judgment of the Paris Court of Appeal dated 20 November 2018

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected the annulment challenges to the two Instrubel NV arbitral awards, leaving the awards enforceable in France.

    11 months and 4 days later · 338 days

  6. 24 October 2019France

    24 October 2019France

    Judgment of the Paris Court of Appeal dated 24 October 2019

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal confirmed the finding that the conservatory attachments were void for failure to notify Montana Management Inc. and ordered their release.

    2 years, 1 month and 8 days later · 770 days

  7. 2 December 2021France

    2 December 2021France

    Decision of the French Court of Cassation, Second Civil Chamber, in case A 19-23.674 dated 2 December 2021

    French Court of Cassation, Second Civil Chamber

    Case no.
    A 19-23.674
    Citation
    Judgment no. 1131 FS-D
    Decision summary
    The Court referred questions to the Court of Justice of the European Union on ownership of frozen Iraqi funds and whether prior national authorization was required for conservatory measures, and stayed the appeal pending the European Union court's decision.

    Supporting details

    18 authorities · 19 participants
    Instrubel NV
    Representative
    SCP Thouin-Palat and Boucard (For: Instrubel NV)
    Montana Management Inc.
    Representative
    SCP Célice, Texidor, Périer (For: Montana Management Inc.)
    BNP Paribas Securities Services
    Representative
    SCP Rocheteau and Uzan-Sarano (For: BNP Paribas Securities Services)
    French Court of Cassation, Second Civil Chamber
    Judge
    Pireyre
    Judge
    Jollec
    Judge
    Kermina
    Judge
    Delbano
    Judge
    Bohnert
    Judge
    Cardini
    Judge
    Dumas
    Judge
    Bonnet
    Advocate General
    Gaillardot
    Other
    Court Reporter
    Thomas

    Authorities cited

    18
    • United Nations Security Council Resolution 1483 (2003) of 22 May 2003
      resolution
    • United Nations Security Council Resolution 1956 (2010)
      resolution
    • United Nations Security Council Resolution 1518 (2003) of 24 November 2003
      resolution
    • Common Position 2003/495/CFSP concerning Iraq (Council Common Position 2003/495/CFSP)
      instrument
    • Council Regulation (EC) No 1210/2003 concerning certain restrictions specific to economic and financial relations with Iraq (Council Regulation (EC) No 1210/2003 of 7 July 2003)
      regulation
    • Council Regulation (EC) No 2465/1996
      regulation
    • Commission Regulation (EC) No 979/2004 of 14 May 2004
      regulation
    • Commission Regulation (EC) No 785/2006 of 23 May 2006
      regulation
    • Commission Regulation (EC) No 195/2008 of 3 March 2008
      regulation
    • Commission Regulation (EU) No 131/2011 of 14 February 2011
      regulation
    • Council Regulation (EC) No 423/2007 concerning restrictive measures against Iran (Council Regulation (EC) No 423/2007)
      regulation
    • Council Regulation (EEC) No 3541/92
      regulation
    • Treaty on the Functioning of the European Union, Article 267
      treaty
    • French Code of Civil Enforcement Procedures, Articles L. 511-1, L. 511-2, L. 521-1, R. 523-1, R. 523-3, R. 524-2, R. 524-4 and R. 532-2
      statute
    • M and V International Foundation v Council and Commission (Joined Cases C-402/05 P and C-415/05 P, judgment of 3 September 2008)
      case
    • Court of Justice of the European Union, Case C-340/20 (Case C-340/20, judgment of 11 November 2021)
      case
    • French Court of Cassation, Second Civil Chamber, 4 July 2007 (2e Civ., 4 July 2007, appeal no. 06-14.825, ECLI:FR:CCASS:2007:C201279)
      case
    • French Court of Cassation, Second Civil Chamber, 12 April 2018 (2e Civ., 12 April 2018, appeal no. 17-15.527, ECLI:FR:CCASS:2018:C200532)
      case

Matter record

Report a correction

Instrubel NV v Iraqi State (French Court of Cassation A 19-23.674) · Matter